Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
Phd on H1b and 140
Published Dec 15,2017
By JJ
Hello, thanks for this nice blog. I’m on H1b since 09 and have approved I140 thru my employer with priority date of 2013(India). I’ve inclination towards academia and my visa status was deterring me. I want to understand can I apply for Phd with approved I-140, do I’ve to change my visa status from H1b to F1, can I use the same approved H1b after completing my phd? What happens to priority date of approved 140 if one changes visa status? If at all I can qualify for gc, as research scholar, will I be able to carry my current PD?
Posted in H1B
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Tigran Kalaydzhyan
6 years ago
Hi JJ,
If you are on H1B since 2009, then, sooner or later, you will have to switch to F1. However, if your I-140 was approved, you may not be able to get F1 due to the conflict of intents. It might be possible, however, to do this with the help of attorney. I do not think you can automatically “get back” the H1B after you switched to F1, however, you may be able to apply after finishing PhD. Your priority date does not change if you change your visa status. Yes, you can keep your old priority date, if your new I-140 is approved.
Rajesh SARKAR
3 years ago
Hello My Priority date is July/2015 on EB2 . And I was able to complete my PhD in Integrative medicine. I am basically a medical Doctor on H1B. Please advise how can I apply for early Green card. I don’t have much publication except for my thesis. Kindly help
Could you please explain what you meant by the “early” Green Card?
KP
1 year ago
Hello I have approved I-140. Can I get an admission in PhD program and apply for change of status from H1B to F1 while remaining in the USA or do I have to exit the country to have F-1 stamping? Will approved I-140 impact or create any conflict of getting F-1 stamping? Your advice is highly appreciated.
You can get a change of status to F1 while staying in the U.S. Stamp in the passport will be required if you decide to leave the U.S. and come back later. Approved I-140 will formally create a conflict of intents when you apply for F1, which should prevent you from getting an F1 stamped. However, when you stay in the country and attempt to change the status with I-140 approved you are falling into a gray area and could be able to do that without USCIS/DOS noticing it (this is done routinely with J1 visas to my knowledge). Please consult with a qualified attorney (perhaps from your university) before attempting it.
Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
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Hi JJ,
If you are on H1B since 2009, then, sooner or later, you will have to switch to F1. However, if your I-140 was approved, you may not be able to get F1 due to the conflict of intents. It might be possible, however, to do this with the help of attorney. I do not think you can automatically “get back” the H1B after you switched to F1, however, you may be able to apply after finishing PhD. Your priority date does not change if you change your visa status. Yes, you can keep your old priority date, if your new I-140 is approved.
Hello My Priority date is July/2015 on EB2 . And I was able to complete my PhD in Integrative medicine. I am basically a medical Doctor on H1B. Please advise how can I apply for early Green card. I don’t have much publication except for my thesis. Kindly help
Hello Rajesh,
Could you please explain what you meant by the “early” Green Card?
Hello I have approved I-140. Can I get an admission in PhD program and apply for change of status from H1B to F1 while remaining in the USA or do I have to exit the country to have F-1 stamping? Will approved I-140 impact or create any conflict of getting F-1 stamping? Your advice is highly appreciated.
You can get a change of status to F1 while staying in the U.S. Stamp in the passport will be required if you decide to leave the U.S. and come back later. Approved I-140 will formally create a conflict of intents when you apply for F1, which should prevent you from getting an F1 stamped. However, when you stay in the country and attempt to change the status with I-140 approved you are falling into a gray area and could be able to do that without USCIS/DOS noticing it (this is done routinely with J1 visas to my knowledge). Please consult with a qualified attorney (perhaps from your university) before attempting it.